VILLAGE OF GOODRICH
ORDINANCE NO. 147
CONSUMER FIREWORKS
ORDINANCE
ADDING SECTIONS 20-255 THROUGH 20-264
TO THE VILLAGE OF GOODRICH
CODE OF ORDINANCES
The Village of Goodrich hereby ordains that Sections 20-255 through 20-264 shall be read as follows:
Section 20-255. Title
This chapter shall be known and may be referred to as “Consumer Fireworks Ordinance” of the Village of Goodrich.
Section 20-256. Statement of Purpose
This is an Ordinance to provide for the regulation of the ignition, discharge, and use of consumer fireworks, as allowed under the Michigan Fireworks Safety Act, MCL 28.451 et seq., as amended.
Section 20-257. Definitions
As used in this Ordinance, the following terms shall be defined as follows:
(A) “APA standard 87-1” means 2001 APA standard 87-1, standard for construction and approval for transportation of fireworks, novelties, and theatrical pyrotechnics, published by the American Pyrotechnics Association of Bethesda, Maryland.
(B) “Consumer Fireworks” means fireworks devices that are designed to produce visible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the Unites States Consumer Products Safety Commission under 16 CFR parts 1500 and 1507, and that are listed APA standard 87-1, 3.1.2, 3.1.3, or 3.5 Consumer Fireworks does not include low-impact fireworks.
(C) “Fireworks” means any composition or device, except for a starting pistol, a flare gun, designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation.
(D) “Low-Impact Fireworks” means ground and handheld sparkling devices as that phase is defined under APA standard 87-1, 3.1.1.1 to 3.1.1.8, and 3.5.
(E) “Minor” means an individual who is less than 18 years of age.
(F) “National Holiday” means the following legal public holidays:
1. New Years’ Day – January 1
2. Birthday of Martin Luther King, Jr. – the third Monday in January.
3. Washington’s Birthday – the third Monday in February.
4. Memorial Day – the last Monday in May.
5. Independence Day – July 4
6. Labor Day – the first Monday in September.
7. Columbus Day – the second Monday in October.
8. Veteran’s Day – November 11.
9. Thanksgiving Day – the fourth Thursday in November.
10. Christmas Day – December 25.
Section 20-258 Ignition, discharge and use of consumer fireworks.
A person shall not ignite, discharge, or use consumer fireworks, except on the day preceding, the day of, or the day after a national holiday.
* However, when July 4
th falls on a week day, consumer fireworks may be discharged on the weekend preceding the 4th.
Section 20-259 Possession of consumer fireworks by a minor.
A minor shall not possess consumer fireworks.
Section 20-260 Prohibited locations.
A person shall not ignite, discharge, or use consumer fireworks on public property, school property, church property, or property of another person, without written permission from an authorized individual.
Section 20-261 Prohibited hours of use.
All fireworks are prohibited between the hours of 1:00 a.m. – 8:00 a.m.
Section 20-262 Use while under influence prohibited.
An individual shall not use consumer fireworks or low-impact fireworks while under the influence of alcoholic liquor, a controlled substance, or a combination thereof.
Section 20-263 Reckless use of fireworks.
An individual shall not use consumer fireworks to damage or destroy property of others or use the same in a reckless disregard for the safety of persons or property.
Section 20-264 Penalty.
(A) A violation of this Ordinance is a misdemeanor and shall be punished by a fine not to exceed Five Hundred ($500.00) Dollars, plus the costs of prosecution, and/or by imprisonment for a period of not more than ninety (90) days, or by both such fine and imprisonment.
(B) If the police officer determined that a violation of the Ordinance occurred, the officer may seize the consumer fireworks as evidence of he violation. Following a final disposition, with a finding of responsibility for violating this Ordinance, the Village may dispose or destroy any consumer fireworks retained as evidence in that prosecution.
Clerk’s Certification
I, Jakki Sidge, the duly appointed Clerk of the Village of Goodrich, hereby certify that the foregoing is a true and accurate copy of the Ordinance 147 that was adopted by the Village of Goodrich Council, Genesee County, Michigan at a regular meeting held on the 8
th day of August, 2016, the original of which is on file in my office and available to the public.
Public notice of said meeting was given pursuant to and in compliance with the Open Meetings Act number 267 if the Michigan Public Acts of 1976, including in the case of special or rescheduling meeting notices, by posting at least 18 hours prior to the time set for said meeting.
In testimony whereof, I have hereunto set my hand and affixed the seal of the Village of Goodrich on this 8th day of August, 2016.
Village of Goodrich
Ordinance Number: 147
Date Adopted: 8/8/2016
Published: 8/13/2016 Effective: 8/23/2016 Jakki Sidge, Clerk
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